Dr. Pramod Kumar @ Pramod Kumar vs The State Of Bihar
2022 Latest Caselaw 2975 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6647 of 2022
     ======================================================

Dr. Pramod Kumar @ Pramod Kumar Son of Jagdish Ram, Resident of Village- Marukia, P.O. and P.S. - Andharathari, District- Madhubani, at present P.H.C., Khanpur, Samastipur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Health, Government of Bihar, Patna.

3. The Joint Secretary, Department of Health, Government of Bihar, Patna.

4. The Civil Surgeon-Cum-Chief Medical Officer, Samastipur at Samastipur, P.S. and District- Samastipur.

5. The Medical Officer, Primary Health Center, Khanpur, Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate For the Respondent/s : Mr. Nagendra Pd. Yadav, SC 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 19-05-2022

Heard learned counsel for the respective parties.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"That this is an application for issuance of a writ in the nature of Mandamus commanding respondent no. 5 - the Civil Surgeon-cum-Chief Medical Officer, Samastipur to allow the petitioner to work at his place of posting vide Notification issued vide Memo No. 549 (2), dated 13.05.2016 and pay his current as well as arrears of Salary without forcing him to submit relieving letter from a place where he has been deputed by a without jurisdiction order (which Patna High Court CWJC No.6647 of 2022 dt.19-05-2022

has been cancelled at the level of Head Quarter) and further for a direction to give all consequential benefits flowing from working of petitioner at the place of his posting."

3. The petitioner has number of grievances including

deputation. However, insofar as deputation is concerned, it was

redressed by the concerned authority, therefore, what remains is

relating to payment of salary and continuing of petitioner's

services in a particular post and place. In this regard, petitioner had

submitted number of representations. The latest representation is

dated 17.02.2022, Annexure 16. Therefore, respondent No. 4 -

Civil Surgeon - cum - Chief Medical Officer, Samastipur at

Samastipur, P.S. and District - Samastipur is hereby directed to

pass speaking order on the petitioner's representation and redress

the grievance within a period of one month from the date of receipt

of this order, failing which, the Civil Surgeon is liable to pay

interest @ 6 % on arrears to be paid to the petitioner from his

pocket.

(P. B. Bajanthri, J) GAURAV S./-

AFR/NAFR
CAV DATE
Uploading Date          20.05.2022
Transmission Date